IP: EFF: Proposed Law Treats All Computer Trespass as Terrorism

[David Farber <dave () farber net>]

Electronic Frontier Foundation Media Release

For Immediate Release: September 26, 2001


Contacts:

Lee Tien, EFF Senior Staff Attorney, tien () eff org,
  +1 415 436-9333 x102 (office),
  +1 510 290-7131 (cell)

Shari Steele, EFF Executive Director, ssteele () eff org,
  +1 415 436-9333 x103


Proposed Anti-Terror Laws Overbroad and Overreaching

All Computer Trespass Treated as Terrorism

San Francisco, California - The Electronic Frontier
Foundation (EFF) today condemned portions of the
Anti-Terrorism Act (ATA) currently under consideration
in Congress which would treat all computer trespass as
terrorism.

"Treating low-level computer crimes as terrorist acts
is not an appropriate response to recent events,"
said EFF Executive Director Shari Steele. "A relatively
harmless online prankster should not face a potential
life sentence in prison."

The ATA includes provisions that dramatically increase the
penalties for acts that have no apparent relationship to
terrorism. For instance, the bill would add low-level
computer intrusion, already a crime under other laws, to
the list of "federal terrorism offenses," creating
penalties of up to life imprisonment, adding broad
pre-conviction asset seizure powers and serious criminal
threats to those who "materially assist" or "harbor"
individuals suspected of causing minimal damage to
networked computers.

Attorney General John Ashcroft asked Congress last week to
pass the ATA, formerly known as the Mobilization Against
Terrorism Act (MATA), with less than one week of
consideration.

EFF believes the ATA would radically tip the United States
system of checks and balances, giving the government
unprecedented authority to surveil American citizens with
little judicial or other oversight.

EFF again urged Congress to act with deliberation and
approve only measures that are effective in preventing
terrorism while protecting the freedoms of Americans.

"The theme of freedom in the face of terrorist attacks
should include a focus on measures that preserve rather
than diminish our civil liberties," added Steele.

The DOJ's own analysis of another particularly egregious
provision of the ATA points out that "United States
prosecutors may use against American citizens information
collected by a foreign government even if the collection
would have violated the Fourth Amendment."

"Operating from abroad, foreign governments could do the
dirty work of spying on the communications of Americans
worldwide. US protections against unreasonable search and
seizure won't matter," commented EFF Senior Staff Attorney
Lee Tien.

Additional provisions of the proposed Anti-Terrorism Act
include the following measures:

* Make it possible to obtain e-mail message header
information, Internet user web browsing patterns, and
"stored" voicemail without a wiretap order

* Eviscerate controls on Title III roving wiretaps

* Permit law enforcement to disclose information obtained
through wiretaps to any employee of the Executive branch

* Reduce restrictions on domestic investigations under the
Foreign Intelligence Surveillance Act (FISA)

* Permit grand juries to provide information to the US
intelligence community

* Permit the President to designate any "foreign-directed
individual, group, or entity," including any United States
citizen or organization, as a target for FISA surveillance

* Prevent people from providing "expert advice" to
terrorists

* Extends federal DNA database to every person convicted
of a federal terrorism offense which includes low-level
computer intrusions

* Other provisions, whether or not related to online civil
liberties

Senator Patrick Leahy has attempted to moderate the ATA
through introduction of the "Uniting and Strengthening of
America Act" (USAA). While EFF believes USAA would
unnecessarily increase law enforcement surveillance
powers, it is nowhere near as harmful to civil liberties
as the Bush administration's proposal.

For example, the USAA does not increase penalties for
low-level computer intrusion. The USAA would retain
existing restrictions on wiretaps, including requiring
court orders to obtain voicemail messages. However, both
the ATA and the USAA would expand FISE to include roving
wiretapes. The USAA would also permit disclosure of Title
III wiretaps to intelligence officers, whereas the ATA
would permit disclosure to any federal employee. The USAA
also would require a court order for grand juries to
provide information to the US intelligence community,
unlike ATA. Provisions of the ATA permitting the
President to designate targets for FISA surveillance,
preventing people from providing "expert advice" to
terrorists, and collecting foreign intelligence on
American citizens are not included in the USAA.

EFF's Steele emphasized, "While it is obviously of vital
national importance to respond effectively to terrorism,
these bills recall the McCarthy era in the power they
would give the government to scrutinize the private
lives of American citizens."

The ATA and USAA bills come in the wake of the Senate's
hasty passage of the "Combating Terrorism Act" on the
evening of September 13 with less than 30 minutes of
consideration on the Senate floor.


About EFF:

The Electronic Frontier Foundation is the leading civil
liberties organization working to protect rights in the
digital world. Founded in 1990, EFF actively encourages and
challenges industry and government to support free
expression, privacy, and openness in the information
society. EFF is a member-supported organization and
maintains one of the most linked-to websites in the world:
http://www.eff.org/


The proposed Uniting and Strengthening of America Act (USAA):
http://www.eff.org/sc/leahy_proposal.html

EFF analysis of the Uniting and Strengthening of America Act
[coming soon]:
http://www.eff.org/sc/eff_leahy.html

The proposed Anti-Terrorism Act (ATA), formerly Mobilization
Against Terrorism Act (MATA):
http://www.eff.org/sc/ashcroft_proposal.html

EFF analysis of the Anti-Terrorism Act:
http://www.eff.org/sc/eff_ashcroft.html

Attorney General John Ashcroft remarks on response to
terrorism from FBI headquarters on September 17, 2001:
http://www.eff.org/sc/ashcroft_statement.html

The Combating Terrorism Act (S1562) passed by the Senate:
http://www.eff.org/sc/wiretap_bill.html

Senator Leahy's testimony on the Combating Terrorism Act:
http://www.fas.org/sgp/congress/2001/s091301.html

EFF analysis of the Combating Terrorism Act:
http://www.eff.org/sc/eff_wiretap_bill_analysis.html

Why "backdoor" encryption requirements reduce security:
http://www.crypto.com/papers/escrowrisks98.pdf

                      - end -





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